Terms of Use and Service

Last updated September 16, 2024

By registering on our site, Users of Next Level Sports Pool, LLC (NLSP) agree to the following:

Next Level Sports Pool is created and marketed for Entertainment Purposes only.

Users participate in the service provided at their own risk. Users will not hold Next Level Sports Pool, LLC responsible for any problems or scoring glitches that may arise due thru use of the site. NLSP does not guarantee that the site will operate error-free. However, we encourage Users use the Contact Us page to email us with any scoring errors you may find during course of any Contest.

Game scores, Contest standings and League standings will be updated in a timely manner following conclusion of each game, race, match and series. NLSP does not guarantee scores will be updated immediately upon conclusion of each contest but will make best efforts to have scores and standing updated within a few hours of the finish of each game, race, match and series. Worst case, Users can expect scores and standings will be updated overnight.

NLSP may not be used with any form of gambling or wagering or the promotion of gambling or wagering. Next Level Sports Pool does not condone or support gambling nor does it collect or distribute cash or prizes based on the results of pools created by users of the site. Use of this site to facilitate gambling between persons is strictly forbidden.

Next Level Sports Pool retains the right to remove any user from our system for any reason at any time without notice.

Terms of Service

1. Acceptance of Terms

Next Level Sports Pool, LLC (NLSP) provides its services subject to the following Terms of Service ("TOS"), which may be updated from time to time without notice. Users can review the most current version of the TOS at any time at:

https://www.nextlevelsportspool.com/terms

In addition, when using NLSP services, both you and NLSP shall be subject to any posted guidelines or rules applicable to such services which may be changed from time to time. All such conditions, guidelines or rules are hereby incorporated by reference into the TOS.

If you do not agree to these Terms of Service or our privacy policy https://www.nextlevelsportspool.com/privacy or other terms incorporated by reference, please do not use this website.

2. Description of Service

Next Level Sports Pool provides users with a collection of online services that include but not limited to office pool management (creating, hosting, and managing office pool leagues) with various communication methods (message board forums, blogs, email, text), (the "Service"). You also understand that Next Level Sports Pool, LLC does NOT condone or support gambling as such acts are not approved or supported using the Service.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

All NLSP pools are private and being managed at the sole discretion of the league commissioner, who creates, selects contests, manages settings, and other elements associated with their league. By joining a private pool, users accept that the league commissioner fully controls the league, and users must address any concerns directly with them.

You understand and agree that the Service is provided "AS-IS" and that Next Level Sports Pool assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any data, user communications, or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). Additionally, you must provide and are responsible for all equipment necessary to access the Service.

Next Level Sports Pool provides its office pool management service to league commissioners for a small fee as noted in our pricing policy https://www.nextlevelsportspool.com/pricing. There is no charge for users to be a member of the league. By agreeing to these terms of service, league commissioners agree to either pay the hosting service fee for each contest or have access restricted or denied to the contest until such time as full payment is received by Next Level Sports Pool. Due to costs incurred for server resources and payment processing, all sales are final. No refunds are provided once a contest as started.

3. User Registration Obligations

To register with Next Level Sports Pool, league commissioners need to select at least one contest, create and enter a league name, along with the commissioner providing their name, username, email address, and phone number. League users will be required to enter similar information upon creating an account upon joining a private pool. Should a user forget their password, they may reset their password by touching the Forgot Password link in the Login page. A user may change their email address or any other account information by touching the Edit Profile link accessible from the primary league page.

4. Entertainment Purposes Only

All services provided by Next Level Sports Pool are for ENTERTAINMENT AND/OR MARKETING PURPOSES ONLY and may not be used in connection with any form of gambling or wagering.

5. Privacy Policy

Next Level Sports Pool will only keep a user's name, email address, and other basic account information (e.g. username) on record. You may always view a current version of our privacy policy here: https://www.nextlevelsportspool.com/privacy

When using specific Next Level Sports Pool services, you may have access to the Personal Data (as that term is defined in our privacy policy) of participants in your pool. By agreeing to these Terms of Service, you agree that you are directly liable to such participants for your use, disclosure, and other processing of their Personal Data. You further agree to comply with all applicable laws regarding the use, disclosure, and all other processing of Personal Data, including but not limited to securing consent for your secondary processing of Personal Data, where necessary.

6. Reservation of Rights

Next Level Sports Pool expressly reserves the right to immediately modify, suspend or terminate any of its services (including future use) if you have violated or acted inconsistently with the spirit or letter of the Terms of Service. Next Level Sports Pool expressly reserves the right to alter its contest offerings (including changes to features and functionality) or to discontinue service, temporarily or permanently, in whole or in part for any reason, with or without notice to you. You agree that Next Level Sports Pool will not be liable to you or to any third party for any modifications or discontinuance of service. You shall not sell, resell, or make available to any third party any data or information available through any of Next Level Sports Pool services in exchange for anything of value.

7. Service Interruption

Next Level Sports Pool will make every effort to provide continuous and uninterrupted access to its league hosting services. However, Next Level Sports Pool makes no guarantees that service will be available at all times. Such occurrences as extremely high website traffic, denial of service attacks, power outages, natural disasters, changes in law, strikes, etc. may from time to time prevent access to NLSP from all or part of the Internet. Next Level Sports Pool will make every reasonable effort to restore access as soon as possible in the event the cause of the interruption is determined to be within its control. Next Level Sports Pool will not accept responsibility for any consequences resulting from disruptions in service.

8. Username, Password and Security

You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username. You agree to (a) immediately notify Next Level Sports Pool of any unauthorized use of your username or any other breach of security, and (b) ensure that cookies on your machine are managed in a secure manner. Next Level Sports Pool cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

9. Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Next Level Sports Pool, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Next Level Sports Pool grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Next Level Sports Pool for use in accessing the Service.

10. Trademark Information

The NEXT LEVEL SPORTS POOL, NLSP logo, contest icons, trademarks and service marks and other Next Level Sports Pool logos and product and service names are trademarks of Next Level Sports Pool, LLC. Without prior permission from Next Level Sports Pool, you agree not to display or use our trademarks in any manner.

11. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

Next Level Sports Pool respects the intellectual property of others, and we ask our users to do the same. Next Level Sports Pool may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

12. Location of Lawsuit

You and Next Level Sports Pool, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Arizona, USA.

13. Indemnity

You agree to indemnify and hold Next Level Sports Pool, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

14. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your NLSP account), use of the Service, or access to the Service.

15. Modifications to Service

Next Level Sports Pool reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Next Level Sports Pool shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

16. Termination of Service

You agree that Next Level Sports Pool may, under certain circumstances and without prior notice, immediately terminate your Next Level Sports Pool account and league, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Next Level Sports Pool account includes (a) removal of access to all contests and offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in the sole discretion of Next Level Sports Pool and that NLSP shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

17. Invalidity of Specific Terms

If any provision of this TOS or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.

18. Liability Limit and Disclaimers

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST INCOME OR PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $50.

Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

NEITHER NEXT LEVEL SPORTS POOL, NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SOFTWARE WILL BE ERROR-FREE; NOR DO NEXT LEVEL SPORTS POOL OR ANY OF THE FOREGOING PERSONS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SOFTWARE OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

19. Violations

Please report any violations of the TOS to our webmaster or support@nextlevelsportspool.com.